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Insurer is liable if workman died during the course of employment

Raj Kumar Makkad ,
  29 June 2010       Share Bookmark

Court :
Madras High court
Brief :
Quantum of Compensation - Section 10 of Workmen Compensation Act, 1988 - Sections 147(1) and 164 of Motor Vehicles Act, 1988 - Whether deceased died during the course of doing his wok under employment of the opposite party and the Appellant, insurer, is liable to pay compensation?
Citation :
The United India Insurance Co. Ltd. v. Kunjal, Veeran and B. Saroja (Decided on 12.04.2010) MANU/TN/0420/2010

Held, the accident had occurred at the spot where the rigging operations had been carried out for the purpose of drilling a bore well and the deceased, to aid in the carrying out of the above drilling work, has climbed down the well with the help of bucket, lost his grip and had fallen in. As such, the accident had happened in the course of his employment, while he was working in the rig unit of the lorry. In the relevant period, the rig unit lorry had been insured with the appellant. As such, the appellant is liable to pay the compensation. Appeal Dismissed.


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Published in Labour & Service Law
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